The President of the Nigerian Bar Association, Afam Osigwe, SAN, has said the tenure extension of the Inspector General of Police, Kayode Egbetokun, is constitutional.

This was as a former IGP, Otunba Sunday Ehindero, declared that Egbetokun deserved the extension because of his competence, performance and academic qualifications.

Speaking with, Osigwe explained that Egbetokun’s continued stay in office, as enabled by President Bola Tinubu’s amendment to the Police Act, is valid.

The amendment allows the IGP to complete the original four-year term granted under Section 7(6) of the Police Act, even after reaching the age of 60.

The tenure extension and amendment to the Police Act have sparked criticism, with some questioning the legality of Egbetokun’s continued service.

Responding to the backlash, the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN, affirmed that Egbetokun’s tenure extension was legal and lawful.

However, a legal practitioner and secretary of the Association of Legislative Drafting and Advocacy Practitioners, Tonye Jaja, disagreed with the AGF’s position.

He argued that only an amendment to the 1999 Constitution of Nigeria could authorise the appointment and tenure extension of an IGP.

Addressing the controversies, Osigwe maintained that since Egbetokun was still an active police officer when the amendment was made, his continued stay was lawful.

He said, “It is constitutional. He was a serving police officer when he was appointed, and they amended the Police Act to extend his retirement age. This means his appointment is valid. It would only be invalid if he had retired before the amendment.

Defending Egbetokun’s tenure extension, Ehindero recalled that he also enjoined the same gesture when he was the Inspector General of Police.

He said, “The extension of the tenure of Inspectors General of Police had always been controversial. My tenure extensions twice in 2005 for one year beginning from March 2006 and 2007 for three months were not without controversies. The President and I were taken to court for my tenure elongation. At the end of the day, the court ruled that it was a non-issue and dismissed the case.”

He said the appointment and elongation of tenure of IGPs would always generate controversies because it is a political appointment.

“The President is given the power to choose an Inspector General of Police from serving members of the force with the concurrence and concordance of the Police Council. It is his right to determine the Inspector General of Police he could work with. No amount of pressure would make him work with an Inspector General of Police who is not his preference.

“If President Tinubu chooses to work with him for four years, and that is backed by law, so be it. He is his choice. You cannot, by any yardstick, say Egbetokun is incompetent or not qualified for the job.

“Competence backed by law should be the overriding factor in the appointment and tenure of an Inspector General of Police. Let Egbetokun serve his four years tenure extension in peace. He deserves it by his competence, performance and academic qualifications,” he stated.